Professional Standards · HCPC Guidance
HCPC Conduct Hearings: What Actually Happens at a Hearing
An HCPC conduct hearing is the final stage of the fitness to practise process, and for most registrants it is also the most daunting. By the time a case reaches this point, the Investigating Committee has already decided there is a case to answer, and the hearing itself will determine the facts, whether they amount to misconduct or another statutory ground, and what happens to the registrant's career.
This guide explains exactly what happens at an HCPC conduct hearing, who is in the room, the standards a registrant is measured against, and the sanctions a panel can impose.
Key Takeaways
- An HCPC conduct hearing follows a fixed sequence: facts, statutory ground, impairment, and, only if needed, sanction.
- Hearings are held before a three-person panel, usually in public, with an independent legal assessor advising on law and procedure.
- The panel decides facts on the civil standard, the balance of probabilities, not the criminal standard of beyond reasonable doubt.
- The HCPC's Standards of Conduct, Performance and Ethics set out ten principles registrants are measured against at a hearing.
- Sanctions range from no further action through to caution, conditions of practice, suspension, or striking off, based on public protection rather than punishment.
In short: Facing an HCPC conduct hearing? Learn what happens stage by stage, the key Code of Conduct principles involved, and the range of sanctions a panel can impose.
What happens at fitness to practice hearing?
A fitness to practise hearing before the HCPC's Conduct and Competence Committee or Health Committee is held by the Health and Care Professions Tribunal Service (HCPTS), which operates at arm's length from the HCPC itself. The hearing usually deals with the facts, the statutory ground, and impairment together, though a panel may separate these steps in more complex cases.
The hearing opens with any preliminary matters, such as applications to hold part of the hearing in private or for a witness to give evidence via video link. The allegation is then read out, and the registrant is asked whether they admit any or all of it.
The Three Decisions an HCPC Panel Must Make
| Decision | What the Panel Considers | If Not Established |
|---|---|---|
| Facts | Whether the facts alleged are proved, on the balance of probabilities | Hearing concludes; allegation not well founded |
| Statutory ground and impairment | Whether proven facts amount to misconduct or another ground, and whether fitness to practise is currently impaired | Hearing concludes; allegation not well founded |
| Sanction | What action, if any, is needed to protect the public | No further action or mediation |
Registrants who want to strengthen their day-to-day compliance before any concern arises can explore our full CPD course library.
The Stages of an HCPC Conduct Hearing, Step by Step
Beyond the three headline decisions, an HCPC conduct hearing moves through several distinct stages on the day.
- Preliminary matters — The panel deals with any applications, such as adjournment, amending the allegation, or holding part of the hearing in private.
- Facts and witnesses — The HCPC presenting officer sets out the case and calls witnesses, who are questioned through examination in chief, cross-examination by the registrant, re-examination, and then panel questions. The registrant may also give evidence and call their own witnesses.
- Statutory ground — Where facts are proved, the presenting officer refers to which standards the registrant is alleged to have breached, and the panel decides whether the proven facts amount to misconduct, lack of competence, or another of the five statutory grounds.
- Impairment — The panel considers whether the registrant's fitness to practise is currently impaired, taking into account insight, remediation, and any evidence of change since the events in question.
- Sanction and decision — If impairment is found, the panel hears submissions on sanction, retires in private with legal advice, and announces its decision and any order imposed.
Within seven days of an HCPC conduct hearing, the written decision is sent to all parties, and the registrant has 28 days to appeal.
The HCPTS sets out each of these stages in more detail in its own HCPTS's own explanation of what happens at a hearing.
What are the key principles of the HCPC Code of Conduct?
The HCPC does not formally call its code a 'Code of Conduct'; the document registrants are measured against is the Standards of Conduct, Performance and Ethics, effective from 1 September 2024. It sets out ten principles that apply equally to every one of the 15 professions the HCPC regulates.
- Promote and protect the interests of service users and carers
- Communicate appropriately and effectively
- Work within the limits of your knowledge and skills
- Delegate appropriately
- Respect confidentiality
- Manage risk
- Report concerns about safety
- Be open when things go wrong
- Be honest and trustworthy
- Keep records of your work
At an HCPC conduct hearing, the presenting officer will identify precisely which of these standards, and which standards of proficiency for the registrant's profession, are said to have been breached.
The standards are set out in full in the HCPC's Standards of Conduct, Performance and Ethics.
Sanctions an HCPC Panel Can Impose
Sanctions exist to protect the public, uphold standards, and maintain confidence in the profession, not to punish the registrant. Following an HCPC conduct hearing, a panel that finds impairment can impose one of the following:
- No further action, or mediation between the parties
- A caution, recording a formal warning on the register for up to five years
- Conditions of practice, restricting how or where the registrant may work for a set period
- Suspension from the register for up to one year, subject to a review hearing
- Striking off, removing the registrant from the register entirely
For similar breakdowns of how other UK health and care regulators run their hearings, you can find more regulatory guidance on the Probity & Ethics blog.
Conclusion
An HCPC conduct hearing can feel unpredictable from the outside, but the structure is consistent every time: facts, then ground and impairment, then sanction, each stage building on the last. Understanding this sequence, and the standards a registrant is actually measured against, makes it far easier to prepare a focused, well-evidenced case rather than reacting to the process as it unfolds. Early preparation of testimonials, evidence of insight, and up-to-date CPD records can make a material difference at the impairment and sanction stages. our bulk-buy offer for CPD courses can help you prepare before you need it.
Frequently Asked Questions
Which course should I take for an HCPC professionalism or conduct concern?
Our Professionalism course is written for this, for HCPC registrants, and follows the HCPC standards of conduct, performance and ethics; pair it with a written reflection that names the standard engaged.
Will a course help my HCPC investigation?
A course is evidence of insight and remediation, which the HCPC case examiners or Investigating Committee look for — strongest with a written reflection and changes in your practice. No course can guarantee an outcome.
When should I send the certificate and reflection to the HCPC?
With your written response, before the HCPC case examiners or Investigating Committee decide — or before an HCPC final hearing or a review if the case has gone further.
Can I finish the course before my deadline, and is it CPD accredited?
Yes — it is online and self-paced with a certificate on completion, and CPD certified and accredited by The CPD Certification Service, counting towards your HCPC CPD record.
How many HCPC standards are there?
The HCPC's Standards of Conduct, Performance and Ethics set out ten standards, covering areas such as promoting service users' interests, communication, working within your competence, confidentiality, managing risk, and record-keeping. Registrants are also separately measured against profession-specific standards of proficiency.
What are the HCPC communication standards?
Standard 2 requires registrants to communicate appropriately and effectively. This includes being polite and considerate, listening to service users and carers, giving information in a way they can understand, sharing relevant information with colleagues, and using social media and networking sites responsibly.
What happens if the panel finds misconduct?
A finding of misconduct alone does not automatically lead to a sanction at an HCPC conduct hearing. The panel must go on to decide whether the registrant's fitness to practise is currently impaired as a result, and only then considers what sanction, if any, is needed.
Can an HCPC hearing be held in private?
HCPC hearings are usually held in public, but a panel can agree to hold all or part of a hearing in private, most commonly where the evidence concerns a registrant's health or other sensitive personal matters.
What is the burden of proof at an HCPC hearing?
The panel uses the civil standard of proof, the balance of probabilities, meaning a fact is treated as proved if the panel finds it more likely than not to have happened. This is a lower threshold than the criminal standard of beyond reasonable doubt.
This guide is for general information and educational purposes only and does not constitute legal advice. For advice specific to your situation, contact a specialist regulatory solicitor or your medical defence organisation.
The CPD courses linked from this guide, How to Deal with a Complaint or Investigation, Module on Insight and Professionalism and Professional Standards for HCPC Regulated Health & Care Professionals, are by Probity & Ethics, written by Dr Shehzad Iqbal, CPD certified and accredited by The CPD Certification Service (provider no. 13197) and offered since 2020.
